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Notice of Opposition Opposer Information Applicant Information Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA983716 Filing date: 06/26/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information Name DC Comics Entity Partnership Citizenship New York Composed Of: E.C. Publications, Inc. a New York corporation, and Warner Communications LLC, a Delaware Limited Liability Company Address 2900 West Alameda Avenue Burbank, CA 91505 UNITED STATES Attorney informa- James D. Weinberger tion Fross Zelnick Lehrman & Zissu, P.C. 151 West 42nd Street 17th Floor New York, NY 10036 UNITED STATES [email protected], [email protected], [email protected] (212) 813-5900 Applicant Information Application No 88303465 Publication date 06/18/2019 Opposition Filing 06/26/2019 Opposition Peri- 07/18/2019 Date od Ends Applicant SHP Animation LLC 500 West Putnam Avenue, 4th Floor Greenwich, CT 06830 UNITED STATES Goods/Services Affected by Opposition Class 028. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Toys, games, and playthings, namely, toy action figures, toy vehicles and gamesin the nature of board games and miniature toy sports games Class 041. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Entertainment services, namely, the provi- sion of continuing television shows and movies in the field of animated cartoons delivered by televi- sion, and animation production services Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 2943882 Application Date 03/31/2004 No. Registration Date 04/26/2005 Foreign Priority NONE Date Word Mark SUPERGIRL Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 2000/00/00 First Use In Commerce: 2000/00/00 Clothing for men, women and children - namely, shirts, t-shirts, sweatshirts, jog- ging suits, trousers, pants, shorts, tank tops, rainwear, skirts, blouses, dresses, [ suspenders, sweaters,] jackets, coats, [ raincoats, ties, robes,] hats, caps, sun- visors, belts, [scarves,] sleepwear, pajamas, lingerie, underwear, boots, shoes, sneakers, sandals, booties, [ slipper socks,] swimwear and masquerade and Halloween costumes and masks sold inconnection therewith U.S. Registration 3023091 Application Date 03/31/2004 No. Registration Date 12/06/2005 Foreign Priority NONE Date Word Mark SUPERGIRL Design Mark Description of NONE Mark Goods/Services Class 018. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00 Athletic bags, [ baby backpacks, ] backpacks, [ beach bags, ] book bags, [ di- aper bags, ] duffel bags, gym bags, tote bags, coin purses, [ fanny packs, ] knapsacks, [ waist packs, mesh shopping bags;] umbrellas; wallets U.S. Registration 1181536 Application Date 09/18/1979 No. Registration Date 12/08/1981 Foreign Priority NONE Date Word Mark SUPERMAN Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 1941/00/00 First Use In Commerce: 1941/00/00 Entertainment Services-Namely, Series of Motion Pictures, Television Pro- grams, Animated Cartoon Films [ and Water Shows] U.S. Registration 1209668 Application Date 09/18/1979 No. Registration Date 09/21/1982 Foreign Priority NONE Date Word Mark SUPERMAN Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1937/00/00 First Use In Commerce: 1937/00/00 Books Concerning Memorabilia Relating to Fictional Characters, Children's Books, Coloring Books, Puzzle Books, Poster Books, Nonfiction Books Regard- ing the Production of Motion Pictures and Television Programs, Greeting Cards, Notepads andPosters, Paper Napkins, Paper Tablecloths, Calendars, [ Pencil Sharpeners, ] Cardboard Center Pieces [, Writing Slates] U.S. Registration 3018682 Application Date 04/05/2004 No. Registration Date 11/22/2005 Foreign Priority NONE Date Word Mark KRYPTO THE SUPERDOG Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 2005/03/25 First Use In Commerce: 2005/03/25 Entertainment services in the nature of[ live-action, comedy, drama and anim- ated television series; production of live-action, comedy, drama and animated television series; ] distribution and display of live-action, comedy, drama and an- imated motion picture theatrical films; [ production of live-action, comedy, dramaand animated motion picture theatrical films; theatrical performances both animated and live action; internet services providing information via an electron- ic global computer network in the field of ] entertainment [ relating specifically to music, movies, and television; providing general interest news, entertainment, and educational information via a global computer network; and providing in- formation for and actual entertainment ] via electronic global communications network in the nature of live-action, comedy,drama and animated programs [ and production of live-action comedy, action and animated motion films for distri- bution via a global computer network ] U.S. Registration 394923 Application Date 10/25/1941 No. Registration Date 05/05/1942 Foreign Priority NONE Date Word Mark SUPERBOY Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1941/09/01 First Use In Commerce: 1941/09/01 Magazine Publication U.S. Registration 1221719 Application Date 05/10/1982 No. Registration Date 12/28/1982 Foreign Priority NONE Date Word Mark SUPERBOY Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1941/09/01 First Use In Commerce: 1941/09/01 Comic Magazines U.S. Registration 3784483 Application Date 09/23/2009 No. Registration Date 05/04/2010 Foreign Priority NONE Date Word Mark SUPERWOMAN Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 2007/04/00 First Use In Commerce: 2007/04/00 action figures and accessories therefor U.S. Registration 2861443 Application Date 11/05/2002 No. Registration Date 07/06/2004 Foreign Priority NONE Date Word Mark SUPER FRIENDS Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2003/04/22 First Use In Commerce: 2003/04/22 [Motion picture films featuring comedy,drama, action, adventure and/or anima- tion, and motion picture films for broadcast on television featuring comedy, drama, action, adventure and/or animation; prerecorded vinyl records, audio tapes, audio-video tapes, audio video cassettes,]audio video discs, and digital versatile discs featuring music, comedy, drama, action, adventure, and/or anim- ation[; stereo headphones; batteries; cordless telephones; hand-held calculat- ors; audio cassette and CD players; CD ROM computer game discs; hand-held karaoke players, telephone and/or radio pagers; short motion picture film cas- settes featuring comedy, drama, action, adventure and/or animation to be used with hand-held viewers or projectors; video cassette recorders and players, compact disc players, digital audio tape recorders and players, electronic diar- ies; radios; mouse pads; eyeglasses, sunglasses and cases therefore; audio tapes and booklets sold as a unit featuring comedy, drama, action, adventure, animation and music information; computer programs, namely, software linking- digitized video and audio media to a global computer information network; game equipment sold as a unit for playing a parlor-type computer game; video and computer game programs; video game cartridges and cassettes; cellular tele- phone accessories, namely, hands-free accessories,cellular telephone covers and cellular telephone face covers; encoded magnetic cards, namely, phone cards, credit cards, cash cards, debit cards and magnetic key cards; and decor- ative magnets] U.S. Application 88052728 Application Date 07/25/2018 No. Registration Date NONE Foreign Priority NONE Date Word Mark SUPER-PETS Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 2011/01/00 First Use In Commerce: 2011/01/00 Children's books U.S. Application 88108551 Application Date 09/07/2018 No. Registration Date NONE Foreign Priority NONE Date Word Mark SUPER-PETS Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2012/07/17 First Use In Commerce: 2012/07/17 Electronic downloadable publications, namely, children's books Attachments 78393846#TMSN.png( bytes ) 78393883#TMSN.png( bytes ) 78396438#TMSN.png( bytes ) 71448096#TMSN.png( bytes ) 77833501#TMSN.png( bytes ) 88052728#TMSN.png( bytes ) 88108551#TMSN.png( bytes ) F3105078.pdf(139418 bytes ) Signature /s/ James D. Weinberger Name James D. Weinberger Date 06/26/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD DC COMICS, Opposer, -against- SHP ANIMATION LLC, Applicant. NOTICE OF OPPOSITION DC Comics (“Opposer”), a New York partnership located at 2900 W. Alameda Ave., Burbank, California 91505, believes that it will be damaged by the issuance of a registration for the mark SUPER PAWS to SHP Animation LLC (“Applicant”), in International Classes 28 and 41 applied for in Application Serial No. 88/303,465 (the “Application”) and therefore opposes the same pursuant to Section 13(a) of the Lanham Trademark Act of 1946, 15 U.S.C. § 1063(a). As grounds therefore, Opposer alleges
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